Tel:  (416) 520-6120
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quote@homelegalcost.com

STEPHEN H. SHUB PROFESSIONAL CORPORATION
BARRISTER, SOLICITOR, NOTARY
7 Toronto Area Law Offices Providing Legal Services in ONLY
Residential Real Estate, Title Insurance, Wills, Notary Services

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MORTGAGE FINANCING MATTERS

PURCHASER'S RESPONSIBILITY TO CONFIRM FINANCING ARRANGED:
It is the purchaser's responsibility to arrange any mortgage financing which might be required to complete the purchase. Once the mortgage is arranged, it will be the purchaser's responsibility to:

  1. satisfy any special requirements by the lender (e.g. - proof of income, proof of cash down payment, payment of other debt obligations, if required by the mortgage lender, etc.) in order to avoid last minute financing problems on closing day;
  2. confirm with the mortgage lender that mortgage instructions have been sent to our law office so that we can finalize processing the mortgage financing and obtaining mortgage funds for closing.

PRE-APPROVAL IN WRITING:
It is highly recommended that if a buyer chooses to seek pre-approval, (before a property is purchased), such pre-approval should be in writing, confirming the terms of the pre-approval and mortgage.

IF USING A POWER OF ATTORNEY:
Mortgage lenders NOW require a copy of the power of attorney document to be used (if any) for a mortgage since mortgage lenders MUST NOW pre approve any power of attorney form being used.  Typically, to be approved, the borrower must be an existing customer of the bank OR must have signed the power of attorney document while in Ontario with witnessing done by an Ontario Lawyer.

CONDITIONAL ON FINANCING:
It is highly recommended that if financing is required (whether it has been pre-approved or not), any agreement of purchase and sale should be conditional upon written confirmation of financing terms from an institutional lender.

OPEN/CLOSED MORTGAGES:
Open mortgages may usually be paid off at any time without a penalty. Closed mortgages cannot be paid off before the end of the mortgage maturity date without being subject to a penalty (i.e. the greater of 3 months interest or the value of the difference in interest rates).

ACCELERATED PAYMENT OPTIONS:
Institutional lenders usually offer accelerated payment options in the form of bi-weekly or weekly payment plans that can reduce the duration of the mortgage by paying more towards principal and thereby reducing the total interest cost.

CMHC (CANADA MORTGAGE AND HOUSING CORPORATION) MORTGAGES:
Be aware that if a purchaser is arranging an insured mortgage (where the cash down payment is less than 20% of the purchase price), the mortgage lender (on closing) will deduct certain costs from the mortgage advance. PLEASE CONFIRM with the mortgage lender as to what costs will be deducted (For Example: 8% provincial sales tax on the mortgage insurance premium, appraisal fee, property tax holdback or interest adjustment, if any). For further information contact your bank branch.

 

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Stephen H. Shub Professional Corporation
Barrister, Solicitor, Notary
(Head Office) 5799 Yonge St. #803, Toronto, Ontario Canada M2M 3V3
Tel: (416) 520-6120 • Fax: (416) 222-4277 •
Email: quote@homelegalcost.com

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